GA
Georgia House Bill HB1444

Georgia 2023-2024 Regular Session

Georgia House Bill HB1444 Compare Versions

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2-House Bill 1444 (AS PASSED HOUSE AND SENATE)
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2+House Bill 1444
33 By: Representatives Scott of the 76
44 th
55 , Neal of the 79
66 th
77 , Douglas of the 78
88 th
99 , Burnough of the
1010 77
1111 th
1212 , and Bell of the 75
1313 th
1414
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend an Act creating the Clayton County Board of Commissioners, approved
1818 1
1919 February 8, 1955 (Ga. L. 1955, p. 2064), as amended, so as to provide a code of ethics; to2
2020 establish a board of ethics; to provide for related matters; to repeal conflicting laws; and for3
2121 other purposes.4
2222 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
2323 SECTION 1.6
2424 An Act creating the Clayton County Board of Commissioners, approved February 8, 19557
2525 (Ga. L. 1955, p. 2064), as amended, is amended by adding a new section to read as follows:8
2626 "SECTION 14.1.9
2727 (a) Purpose.10
2828 (1) It is essential to the proper administration and operation of the Clayton County11
2929 government that its officials and employees be, and give the appearance of being,12
3030 independent and impartial, that public office not be used for private gain, and that there13
3131 be public confidence in the integrity of Clayton County officials and employees. Because14
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3434 the attainment of one or more of these ends is impaired whenever there exists in fact, or
3535 15
3636 appears to exist, a conflict between the private interests and public responsibilities of16
3737 officials and employees, the public interest requires that the General Assembly protect17
3838 against such conflicts of interest by establishing by law appropriate ethical standards with18
3939 respect to the conduct of the officials and employees of Clayton County in situations19
4040 where a conflict may exist.20
4141 (2) The General Assembly recognizes that an appropriate and effective code of ethics for21
4242 appointed officials and employees of Clayton County is also essential for the proper22
4343 administration and operation of the Clayton County government.23
4444 (b) Definitions. As used in this section, the term:24
4545 (1) 'Agency' means any board, bureau, body, commission, committee, department, or25
4646 office of Clayton County to which the board of commissioners has appointment powers.26
4747 (2) 'Business' means any corporation, partnership, organization, sole proprietorship, other27
4848 entity operated for economic gain, whether professional, industrial, or commercial, and28
4949 entity which for purposes of federal income taxation is treated as a nonprofit29
5050 organization.30
5151 (3) 'Confidential information' means information which has been obtained in the course31
5252 of holding public office, employment, acting as an independent contractor, or otherwise32
5353 acting as an official or employee and which information is not available to members of33
5454 the public under state law or other law or regulation and which the official, independent34
5555 contractor, or employee is not authorized to disclose.35
5656 (4) 'Contract' means any claim or demand against or any lease, account, or agreement36
5757 with any person, whether express or implied, executed or executory, verbal or in writing.37
5858 (5) 'Emergency situation' means any circumstance or condition giving rise to an38
5959 immediate necessity for the execution of a contract by and between Clayton County and39
6060 an official or employee or between Clayton County and a business in which an official40
6161 or employee has an interest and where, to the satisfaction of the board of commissioners,41
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6464 it is shown that there is no one other than such persons with whom the contract could
6565 42
6666 have been made and that the necessity was not brought about by such persons' own fault43
6767 or neglect.44
6868 (6) 'Immediate family' means an official or employee and his or her spouse, parents,45
6969 brothers, sisters, and natural or adopted children.46
7070 (7) 'Interest' means any direct or indirect pecuniary or material benefit held by or47
7171 accruing to the official or employee as a result of a contract or transaction which is or48
7272 may be the subject of an official act or action by or with Clayton County. Unless49
7373 otherwise provided in this section, the term 'interest' does not include any remote interest. 50
7474 An official or employee shall be deemed to have an interest in transactions involving:51
7575 (A) Any person in the official's or employee's immediate family;52
7676 (B) Any person, business, or entity that the official or employee knows or should know53
7777 is seeking official action with Clayton County, is seeking to do or does business with54
7878 Clayton County, has interests that may be substantially affected by performance or55
7979 nonperformance of the official's or employee's official duties, or with whom a56
8080 contractual relationship exists whereby the official or employee may receive any57
8181 payment or other benefit;58
8282 (C) Any business in which the official or employee is a director, officer, employee,59
8383 shareholder, or consultant; or60
8484 (D) Any person of whom the official or employee is a creditor, whether secured or61
8585 unsecured.62
8686 (8) 'Official or employee' means any person elected or appointed to or employed or63
8787 retained by Clayton County or any agency, whether paid or unpaid and whether part time64
8888 or full time. Such term includes retired employees or former county employees during65
8989 the period of time in which they are later employed or retained by the county or any66
9090 agency. Such term does not include superior and state court judges and their immediate67
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9393 staffs, the district attorney, the solicitor of the state court, the clerks of the superior and
9494 68
9595 state courts, magistrates, the judge of the probate court, and their respective staffs.69
9696 (9) 'Official act or action' means any legislative, administrative, appointive, or70
9797 discretionary act of the board of commissioners, the chairperson of the board of71
9898 commissioners, or a commissioner.72
9999 (10) 'Paid' means the receipt of, or right to receive, a salary, commission, percentage,73
100100 brokerage, or contingent fee.74
101101 (11) 'Participating' means to take part in official acts, actions, or proceedings personally75
102102 as an official or employee through approval, disapproval, decision, recommendation,76
103103 investigation, the rendering of advice, or the failure to act or perform a duty.77
104104 (12) 'Person' means any individual, business, labor organization, representative,78
105105 fiduciary, trust, or association, whether paid or unpaid, and includes any official or79
106106 employee of Clayton County.80
107107 (13) 'Property' means any property, whether real or personal or tangible or intangible,81
108108 and includes currency and commercial paper.82
109109 (14) 'Remote interest' means the interest of:83
110110 (A) A nonsalaried director, officer, or employee of a nonprofit organization;84
111111 (B) A holder of less than 5 percent of the legal or beneficial ownership of the total85
112112 shares of a business;86
113113 (C) Any person in a representative capacity, such as a receiver, trustee, or87
114114 administrator; or88
115115 (D) Any person who, by determination of the board of ethics, is deemed to have such89
116116 an interest.90
117117 (15) 'Transaction' means the conduct of any activity that results in or may result in an91
118118 official act or action of an official or employee of Clayton County.92
119119 (c) Proscribed Conduct. No official or employee of Clayton County shall:93
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122122 (1) By his or her conduct give reasonable basis for the impression that any person can
123123 94
124124 improperly influence him or her or unduly enjoy his or her favor in the performance of95
125125 his or her official acts or actions or that he or she is affected unduly by the rank or96
126126 position of or kinship or association with any person;97
127127 (2)(A) Directly or indirectly request, exact, receive, or agree to receive a gift, loan,98
128128 favor, promise, or thing of value for himself or herself or another person if:99
129129 (i) It tends to influence him or her in the discharge of his or her official duties; or100
130130 (ii) He or she recently has been, or is now, or in the near future may be, involved in101
131131 any official act or action directly affecting the donor or lender.102
132132 (B) Subparagraph (A) of this paragraph shall not apply in the case of:103
133133 (i) An occasional nonpecuniary gift of value less than $100.00;104
134134 (ii) An award publicly presented in recognition of public service; or105
135135 (iii) A commercially reasonable loan made in the ordinary course of business by an106
136136 institution authorized by the laws of Georgia to engage in the making of such a loan;107
137137 (3) Disclose or otherwise use confidential information acquired by virtue of his or her108
138138 position for his or her or another person's private gain;109
139139 (4) Appear on his or her own personal behalf, or represent, advise, or appear on the110
140140 personal behalf, whether paid or unpaid, of any person before any court or before any111
141141 legislative, administrative, or quasi-judicial board, agency, commission, or committee of112
142142 this state or of any county or municipality concerning any contract or transaction which113
143143 is or may be the subject of an official act or action of Clayton County or otherwise use114
144144 or attempt to use his or her official position to secure unwarranted privileges or115
145145 exemptions for himself or herself or other persons;116
146146 (5) Engage in, accept employment with, or render services for any agency, private117
147147 business, or professional activity when such employment or rendering of services is118
148148 adverse to and incompatible with the proper discharge of his or her official duties;119
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151151 (6) Acquire an interest in any contract or transaction at a time when he or she believes
152152 120
153153 or has reason to believe that such an interest will be affected directly or indirectly by his121
154154 or her official act or actions or by the official acts or actions of other officials or122
155155 employees of Clayton County; or123
156156 (7) Engage in any activity or transaction that is prohibited by law now existing or124
157157 hereafter enacted which is applicable to him or her by virtue of his or her being an official125
158158 or employee of Clayton County.126
159159 (d) Gifts to certain employees. No employee of the purchasing department of Clayton127
160160 County shall accept any gift of value from anyone who has had or may reasonably be128
161161 anticipated to have any business with or before such department. Gifts from persons who129
162162 do not have or who would not be reasonably anticipated to have any business with or130
163163 before such department may be accepted by an employee of such department only when131
164164 such gifts are based solely on a family relationship or personal friendship.132
165165 (e) Disclosure of interests. An official or employee who has an interest that he or she has133
166166 reason to believe may be affected by his or her official acts or actions or by the official acts134
167167 or actions of another official or employee of Clayton County shall disclose the precise135
168168 nature and value of such interest by sworn written statement to the board of ethics and ask136
169169 for the board's opinion as to the propriety of such interest. Every official or employee who137
170170 knowingly has any interest, direct or indirect, in any contract to which Clayton County is138
171171 or is about to become a party, or in any other business with Clayton County, shall make full139
172172 disclosure of such interest to the board of commissioners and to the ethics officer and the140
173173 board of ethics. The information disclosed by such sworn statements, except for the141
174174 valuation attributed to the disclosed interest, shall be made a matter of public record by the142
175175 board of ethics. In cases where a conflict of interest exists, such official or employee shall143
176176 recuse himself or herself from participating or taking any official acts or actions in any144
177177 matter for the county affected by such conflict of interest.145
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180180 (f) Participation in contracts.
181181 146
182182 (1) An official or employee shall disqualify himself or herself from participating in any147
183183 official act or action of Clayton County directly affecting a business or activity in which148
184184 he or she has any interest, whether or not a remote interest.149
185185 (2) Clayton County shall not enter into any contract involving services or property with150
186186 an official or employee of the county or with a business in which an official or employee151
187187 of the county has an interest. This subsection shall not apply in the case of:152
188188 (A) The designation of a bank or trust company as a depository for county funds;153
189189 (B) The borrowing of funds from any bank or lending institution which offers the154
190190 lowest available rate of interest for such loans;155
191191 (C) Contracts for services entered into with a business which is the only available156
192192 source for such goods or services; or157
193193 (D) Contracts entered into under circumstances which constitute an emergency158
194194 situation, provided that a record explaining the emergency is prepared by the board of159
195195 commissioners and submitted to the board of ethics at its next regular meeting and160
196196 thereafter kept on file.161
197197 (3) Clayton County shall not enter into any contract with, or take any official act or162
198198 action favorably affecting, any person, or business represented by such person, who has163
199199 been within the preceding two-year period an official or employee of Clayton County.164
200200 (g) Reporting violations.165
201201 (1) Any person who witnesses or becomes aware of a violation of this section may166
202202 complain of the violation as follows:167
203203 (A) A complaint may be communicated anonymously to the ethics administrator. Such168
204204 complaint shall be made in good faith and with veracity and sufficient specificity so as169
205205 to provide the ethics officer with salient and investigable facts. The ethics170
206206 administrator may require the anonymous complaint to be made in a manner and form171
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209209 that is intended only to obtain relevant facts related to the alleged violation of this
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211211 section and that is not designed to reveal the identity of the complainant; and173
212212 (B) A sworn written complaint may be filed with the ethics administrator as described174
213213 in this subparagraph. All written complaints to be considered by the board of ethics and175
214214 the ethics officer shall contain the following, if applicable:176
215215 (i) The name and address of the person or persons filing the complaint;177
216216 (ii) The sworn verification and signature of the complainant;178
217217 (iii) The name and address of the party or parties against whom the complaint is filed179
218218 and, if such party is a candidate, the office being sought;180
219219 (iv) A clear and concise statement of facts upon which the complaint is based along181
220220 with an allegation that such facts constitute one or more violations of law under the182
221221 jurisdiction of the board of ethics;183
222222 (v) A general reference to the allegedly violated statutory provisions of the code of184
223223 ethics within the jurisdiction of the board of ethics; and185
224224 (vi) Any further information which might support the allegations in the complaint,186
225225 including, but not limited to, the following:187
226226 (I) The names and addresses of all other persons who have first-hand knowledge188
227227 of the facts alleged in the complaint; and189
228228 (II) Any documentary evidence that supports the facts alleged in the complaint.190
229229 (2) Upon receipt of a complaint by the ethics administrator, the ethics administrator shall191
230230 send a written notice to the subject of the complaint by the next business day. Both this192
231231 notice and any subsequent documents shall be subject to Article 4 of Chapter 18 of193
232232 Title 50 of the O.C.G.A.194
233233 (3) Upon receipt of a written, nonanonymous complaint which does not conform to the195
234234 applicable requirements of subparagraph (B) of paragraph (1) of this subsection, the196
235235 ethics administrator shall by letter acknowledge receipt of the complaint and advise the197
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238238 complainant of the defect in the complaint and that the complaint will not be considered
239239 198
240240 by the board of ethics unless the defect is corrected.199
241241 (h) Enactment.200
242242 (1) This section shall be construed liberally to effectuate its purpose and policies and to201
243243 supplement such existing laws as may relate to the conduct of officials or employees.202
244244 (2) The propriety of any official act or action taken by or transaction involving any203
245245 officials or employees immediately prior to the time this section shall take effect shall not204
246246 be affected by the enactment of this section.205
247247 (3) The provisions of this section are severable, and if any of its provisions shall be held206
248248 unconstitutional or invalid by a court of competent jurisdiction, the decision of the court207
249249 shall not affect or impair any of the remaining provisions.208
250250 (i) Board of Ethics.209
251251 (1)(A) There is created the Board of Ethics of Clayton County to be composed of seven210
252252 citizens of Clayton County to be appointed as provided in paragraph (2) of this211
253253 subsection.212
254254 (B) Each member of the board of ethics shall have been a resident of Clayton County213
255255 for at least one year immediately preceding the date of taking office and shall remain214
256256 a resident of the county, and where applicable the commission district he or she215
257257 represents, while serving as a member of the board of ethics.216
258258 (C) No person shall serve as a member of the board of ethics if the person has, or has217
259259 had within the immediately preceding two-year period, any interest in any contract,218
260260 transaction, or official act or action of Clayton County.219
261261 (D) No member of the board of ethics shall be a member of an agency or an official or220
262262 employee of Clayton County or shall have served in such a capacity in the two-year221
263263 period immediately preceding such person's appointment to the board of ethics.222
264264 (E) No person shall serve as a member of the board of ethics if the person has been a223
265265 candidate for, or was elected to, public office in the immediately preceding three-year224
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268268 period. Filing for an elective office shall constitute a resignation from the board of
269269 225
270270 ethics on the date of filing.226
271271 (F) Appointees to the board of ethics shall have professional knowledge or expertise227
272272 in matters of ethics, finance, governance, or the law.228
273273 (G) All proposed appointments to the board of ethics shall be subject to an education229
274274 and employment background check as well as a criminal history check. Persons230
275275 proposed to be appointed to the board of ethics shall execute all releases necessary for231
276276 the appointing authority to accomplish such checks. If the nominee is determined to232
277277 have committed a felony, the nomination shall be withdrawn.233
278278 (2)(A) The initial board of ethics shall be appointed as provided in this paragraph to234
279279 take office on January 1, 2025, and to serve for the terms prescribed in this paragraph.235
280280 (B) Not later than December 1, 2024, the members of the initial board of ethics shall236
281281 be selected as follows:237
282282 (i) Five members shall be appointed by the grand jury of Clayton County, provided238
283283 that each such member shall reside in a different commission district than the other239
284284 members appointed pursuant to this subparagraph; and240
285285 (ii) Two members shall be appointed by the tax commissioner of Clayton County.241
286286 (C) In addition to the members appointed as provided in subparagraph (B) of this242
287287 paragraph, there shall be two alternate members who shall serve to ensure a quorum243
288288 when members of the board are absent, have a conflict of interest, or find it necessary244
289289 to recuse themselves or while a vacancy exists on the board. The alternates shall be245
290290 selected by the clerk of the Superior Court of Clayton County.246
291291 (D) The members and alternates shall each serve for terms of three years; provided,247
292292 however, that the terms of the initial appointees of the grand jury shall be specified at248
293293 the time of their appointments. One shall serve until December 31, 2025, and until the249
294294 appointment and qualification of his or her successor, whichever occurs later; one shall250
295295 serve until December 31, 2026, and until the appointment and qualification of his or her251
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298298 successor, whichever occurs later; and one shall serve until December 31, 2027, and
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300300 until the appointment and qualification of his or her successor, whichever occurs later. 253
301301 The initial member appointed by the tax commissioner of Clayton County shall serve254
302302 until December 31, 2026, and until the appointment and qualification of his or her255
303303 successor, whichever occurs later. The initial alternate members appointed by the clerk256
304304 of the Superior Court of Clayton County shall serve the terms specified by the clerk of257
305305 the superior court at the time of the initial appointments. One shall serve until258
306306 December 31, 2025, and until the appointment and qualification of his or her successor,259
307307 whichever occurs later, and one shall serve until December 31, 2027, and until the260
308308 appointment and qualification of his or her successor, whichever occurs later.261
309309 (E) Successors to all members and alternates of the board of ethics and future262
310310 successors shall be appointed by the respective appointing authorities not less than 30263
311311 days prior to the expiration of each such member's term of office, and such successors264
312312 shall take office on January 1 following such appointment and shall serve terms of three265
313313 years and until their respective successors are appointed and qualified. No individual266
314314 shall be appointed to more than two consecutive terms, provided that the initial terms267
315315 under this Act shall not be counted in such determination.268
316316 (F) The clerk of the Superior Court of Clayton County shall provide administrative269
317317 assistance to the grand jury regarding the appointment of board members pursuant to270
318318 this section. Upon a vacancy occurring or the conclusion of the term of a board271
319319 member appointed pursuant to division (i) of subparagraph (B) of this paragraph, the272
320320 clerk of the Superior Court of Clayton County shall notify the then sitting grand jury273
321321 of its duty pursuant to this section.274
322322 (3) If a member of the board of ethics ceases to be a resident of Clayton County, and275
323323 where applicable the commission district he or she represents, that member's position on276
324324 the board of ethics, by operation of law, shall become vacant upon the establishment of277
325325 the fact of such nonresidency, if contested, by a court of competent jurisdiction. A278
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328328 vacancy in the board of ethics shall exist by reason of death, the disability or incapacity
329329 279
330330 of a member for more than 90 days, resignation, or loss of residency as described in this280
331331 paragraph. A member of the board of ethics may be removed from office during a term281
332332 if the member becomes ineligible to hold civil office within the meaning of Code282
333333 Section 45-2-1 of the O.C.G.A. and that ineligibility is established by decision of a court283
334334 of competent jurisdiction which declares the office vacant because of such ineligibility284
335335 or for good cause by a majority vote of the board of ethics. The ethics officer shall notify285
336336 the clerk of the Superior Court of Clayton County and the tax commissioner of Clayton286
337337 County of a vacancy upon its occurrence, and such vacancy shall be filled for the287
338338 unexpired term by the respective appointing authority.288
339339 (4) The members of the board of ethics shall serve without compensation and shall elect289
340340 from their own membership a chairperson and otherwise provide for their own internal290
341341 organization. The board of commissioners shall provide adequate office and meeting291
342342 space and pay all administrative costs, including those specifically stipulated in this292
343343 section, pertaining to the operation of the board of ethics. The board of ethics shall be293
344344 authorized to employ its own staff and clerical personnel and contract for the services of294
345345 a competent court reporter, an attorney, and a private investigator as it deems necessary.295
346346 The members of the board of ethics shall have the authority to propose the budget of the296
347347 board and shall recommend the budget to the board of commissioners, who shall fund it297
348348 as a priority. In the event that the proposed budget is in excess of $200,000.00, the board298
349349 of commissioners shall have the authority to authorize the additional funds requested in299
350350 accordance with standard budgetary procedures and requirements. The board of ethics300
351351 shall be completely independent and shall not be subject to control or supervision by the301
352352 chairperson of the board of commissioners, the board of commissioners, or any other302
353353 official, employee, or agency of the county government.303
354354 (5) The board of ethics shall have the following duties:304
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357357 (A) To establish procedures, rules, and regulations governing its internal organization
358358 305
359359 and the conduct of its affairs;306
360360 (B) To render advisory opinions with respect to the interpretation and application of307
361361 this section to all officials or employees who seek advice as to whether a particular308
362362 course of conduct would constitute a violation of the standards imposed in this section309
363363 or other applicable ethical standards. Such opinions shall be binding on the board of310
364364 ethics in any subsequent complaint concerning the official or employee who sought the311
365365 opinion and acted in good faith, unless material facts were omitted or misstated in the312
366366 request for the advisory opinion;313
367367 (C) To prescribe forms for the disclosures required in this section and to make314
368368 available to the public the information disclosed as provided in this section;315
369369 (D) To receive and hear complaints of violations of the standards required by this316
370370 section over which it has personal and subject matter jurisdiction;317
371371 (E) To make such investigations as it deems necessary to determine whether any318
372372 official or employee has violated or is about to violate any provisions of this section;319
373373 and320
374374 (F) To hold such hearings and make such inquiries as it deems necessary for it to carry321
375375 out properly its functions and powers.322
376376 (j) Ethics officer.323
377377 (1) There is hereby created as a full-time salaried position an ethics officer for Clayton324
378378 County. The ethics officer must be an active member of the State Bar of Georgia in good325
379379 standing with five years' experience in the practice of law. The ethics officer shall be326
380380 appointed by a majority of the members of the board of ethics, subject to confirmation327
381381 by a majority of the board of commissioners, for a period not to exceed six years.328
382382 Removal of the ethics officer before the expiration of the designated term shall be for329
383383 cause by a majority vote of the members of the board of ethics. The ethics officer need330
384384 not be a resident of the county at the time of his or her appointment, but he or she shall331
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387387 reside in Clayton County within six months of such appointment and continue to reside
388388 332
389389 therein throughout such appointment.333
390390 (2) The ethics officer shall not be involved in partisan or nonpartisan political activities334
391391 or the political affairs of Clayton County.335
392392 (3) The duties of the ethics officer shall include, but not be limited to, the following:336
393393 (A) Educating and training all county officials and employees to have an awareness337
394394 and understanding of the mandate for and enforcement of ethical conduct and advising338
395395 them of the provisions of the code of ethics of Clayton County;339
396396 (B) Meeting with the board of ethics;340
397397 (C) Advising officials and employees regarding disclosure statements and reviewing341
398398 the same to ensure full and complete financial reporting;342
399399 (D) Urging compliance with the code of ethics by calling to the attention of the board343
400400 of ethics any failure to comply or any issues, including the furnishing of false or344
401401 misleading information, that the ethics officer believes should be investigated by the345
402402 board of ethics so that the board of ethics may take such action as it deems appropriate;346
403403 (E) Monitoring, evaluating, and acting upon information obtained from an ethics347
404404 hotline, which shall be a county telephone number for the receipt of information about348
405405 ethical violations. Each complaint, as of the time it is reported, whether by telephone349
406406 or otherwise, shall be deemed to be a separate pending investigation of a complaint350
407407 against a public officer or employee as provided by Article 4 of Chapter 18 of Title 50351
408408 of the O.C.G.A.;352
409409 (F) Reporting, as appropriate, suspected ethical violations to the board of ethics;353
410410 (G) Reporting, as appropriate, suspected criminal violations to state or federal law354
411411 enforcement agencies; and355
412412 (H) Filing with the board of ethics and the board of commissioners on the first Tuesday356
413413 of each February a written report describing the activities of the ethics officer in357
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416416 carrying out the goals of his or her office and the code of ethics and reporting on the
417417 358
418418 ethical health of Clayton County.359
419419 (k) Ethics administrator.360
420420 (1) There is hereby created as a full-time salaried position an ethics administrator for361
421421 Clayton County. The ethics administrator shall be selected by the board of ethics and362
422422 shall serve at the pleasure of the board.363
423423 (2) The ethics administrator shall not be involved in partisan or nonpartisan political364
424424 activities or the political affairs of Clayton County.365
425425 (3) The duties of the ethics administrator shall include, but not be limited to, the366
426426 following:367
427427 (A) Maintaining the records of the board of ethics as required by Article 4 of368
428428 Chapter 18 of Title 50 of the O.C.G.A.;369
429429 (B) Notifying the subject of a report of any alleged violation of the ethics code,370
430430 whether the report is anonymous, made by an identified individual, or written. Such371
431431 notice shall be given in writing to the subject of the complaint at the same time and in372
432432 the same form that any disclosure of information is required by Article 4 of Chapter 18373
433433 of Title 50 of the O.C.G.A.;374
434434 (C) Notifying the board of ethics of any report of an alleged violation of the ethics code375
435435 received by the ethics administrator; and376
436436 (D) Such other duties as may be assigned by the board of ethics.377
437437 (l) Investigations and hearings. 378
438438 (1) The board of ethics shall conduct investigations into alleged violations of the code379
439439 of ethics, hold hearings, and issue decisions as prescribed in this subsection.380
440440 (2) The proceedings and records of the board of ethics shall be open unless otherwise381
441441 permitted by state law.382
442442 (3) Upon request of the board of ethics, the Clayton County Solicitor or any attorney383
443443 representing the office of the Clayton County Solicitor, or in the event of a conflict any384
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446446 attorney who shall be selected by a majority vote of the board of ethics, shall advise the
447447 385
448448 board of ethics.386
449449 (4) A complaint may be filed by the ethics officer, any resident, or a group of residents387
450450 of Clayton County by submitting to the ethics administrator a written, verified, and sworn388
451451 complaint under the penalty of perjury or false swearing. The complaint shall specifically389
452452 identify all provisions of the Clayton County code of ethics which the subject of the390
453453 complaint is alleged to have violated, set forth facts as would be admissible in evidence391
454454 in a court proceeding, and show affirmatively that the complainant or affiant, if in392
455455 addition to or different from the complainant, is competent to testify to the matter set393
456456 forth therein. All documents referenced in the complaint as well as supporting affidavits394
457457 shall be attached to the complaint.395
458458 (5) Upon receipt of the complaint, the ethics administrator shall bring the complaint396
459459 before the board of ethics which shall cause the ethics officer to conduct a preliminary397
460460 investigation to determine whether it meets the jurisdictional requirements as set forth in398
461461 this section. Upon the conclusion of the preliminary investigation, the ethics officer shall399
462462 report his or her findings to the board. If, in the opinion of the board, the complaint fails400
463463 to meet the jurisdictional requirements as set forth in this section, the board shall direct401
464464 the ethics officer to notify the person who filed the complaint and such person shall have402
465465 ten days from the date of notice to correct and refile the complaint with the board. A403
466466 complaint which fails to satisfy the jurisdictional requirements as established by this404
467467 section and by the rules and procedures established by the board of ethics shall be405
468468 dismissed by the board of ethics no later than 30 days after the complaint is filed with the406
469469 ethics administrator, unless extended by a majority vote of the board of ethics.407
470470 (6) The ethics officer will report his or her findings and recommendation to the board of408
471471 ethics and advise whether there is probable cause for belief that the code of ethics has409
472472 been violated, warranting a formal hearing. If the board of ethics determines, after the410
473473 preliminary investigation of a complaint by the ethics officer, that there does not exist411
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476476 probable cause for belief that this section has been violated, the board of ethics shall so
477477 412
478478 notify the complainant and the subject of the investigation, and the complaint will be413
479479 dismissed. If the board of ethics determines, after a preliminary investigation of the414
480480 complaint by the ethics officer, that there does exist probable cause for belief that this415
481481 section has been violated, the board of ethics shall give notice to the person involved to416
482482 attend a hearing to determine whether there has been a violation of this section.417
483483 (7) For use in proceedings under this section, the board of ethics shall have the power to418
484484 issue subpoenas to compel any person to appear, give sworn testimony, or produce419
485485 documentary or other evidence. Any person who fails to respond to such subpoenas may420
486486 be subjected to the penalties set forth in subsection (m) of this section.421
487487 (8) All hearings of the board of ethics pursuant to this section shall be as follows:422
488488 (A) All testimony shall be under oath, which shall be administered by a member of the423
489489 board of ethics. Any person who appears before the board of ethics shall have all of the424
490490 due process rights, privileges, and responsibilities of a witness appearing before the425
491491 courts of this state. Any person whose name is mentioned during a proceeding of the426
492492 board of ethics and who may be adversely affected thereby may appear personally427
493493 before the board of ethics on such person's own behalf or may file a written sworn428
494494 statement for incorporation into the record to be made part of all proceedings pursuant429
495495 to this subsection;430
496496 (B) The decision of the board of ethics shall be governed by a preponderance of the431
497497 evidence standard; and432
498498 (C) At the conclusion of proceedings concerning an alleged violation, the board of433
499499 ethics shall immediately begin deliberations on the evidence and proceed to determine434
500500 by a majority vote of members present whether there has been a violation of this435
501501 section. The findings of the board of ethics concerning a violation and the record of the436
502502 proceedings shall be made public by the ethics officer as soon as practicable after the437
503503 determination has been made.438
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506506 (m) Violations; appeals.
507507 439
508508 (1) Any intentional violation of this section, furnishing of false or misleading440
509509 information to the board of ethics or the ethics officer, failure to follow an opinion441
510510 rendered by the board of ethics, or failure to comply with a subpoena issued by the board442
511511 of ethics pursuant to this section shall subject the violator to any one or more of the443
512512 following:444
513513 (A) Administrative sanction of not more than $1,000.00 assessed by the board of445
514514 ethics;446
515515 (B) Public reprimand by the board of ethics; and447
516516 (C) Prosecution by the Clayton County Solicitor in the magistrate court of Clayton448
517517 County and, upon conviction, a fine of up to $1,000.00 per violation and up to six449
518518 months' imprisonment whether the official or employee is elected or appointed, paid or450
519519 unpaid. Nothing in this section shall be interpreted to conflict with state law. An action451
520520 for violation of this section or the furnishing of false or misleading information or the452
521521 failure to comply with a subpoena issued by the board of ethics must be brought within453
522522 two years after the violation is discovered.454
523523 (2) With regard to violations by persons other than officials or employees, in addition to455
524524 the remedies in paragraph (1) of this subsection, the board of ethics may recommend to456
525525 the board of commissioners any one or more of the following:457
526526 (A) Suspension of a contractor; and458
527527 (B) Disqualification or debarment from contracting or subcontracting with Clayton459
528528 County.460
529529 (3) The decision of the board of ethics after a hearing shall be final; provided, however,461
530530 that such proceeding shall be subject to review by writ of certiorari to the Superior Court462
531531 of Clayton County. The designee of the board of ethics shall be authorized to463
532532 acknowledge service of any such writ and shall, within the time provided by law, certify464
533533 and cause to be filed with the clerk of the superior court a record of the proceedings465
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536536 before the board of ethics, the decision of the board of ethics, and the notice of the final
537537 466
538538 actions of the board of ethics."467
539539 SECTION 2.468
540540 All laws and parts of laws in conflict with this Act are repealed.469
541541 H. B. 1444
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